Tag Archives: Virginia Circuit Courts

July 6, 2018Comments Off on Va. Cir.: Implied agreement replaced family support obligations

Despite a support order entered in 2004, a husband didn’t owe arrearages dating to 2006. He’d stopped paying when the couple reconciled, resumed living together as husband and wife, and had two more children supported solely by the husband’s income. ...

July 3, 2018Comments Off on Va. Cir.: “Unsigned” contract qualifies for 5-year limitations period

The material terms of the parties’ contract for services were committed to writing in daily sales tickets and an invoice for hours of services performed. Absent additional conditions agreed upon by the parties, an unsigned writing can be a written ...

June 29, 2018Comments Off on Va. Cir.: Wife didn’t misrepresent intent to stay married

A wife was entitled to enforce a marital agreement’s division of assets in the event of divorce. The evidence did not support her husband’s claim that she fraudulently induced him to sign the agreement by misrepresenting her intention to continue ...

June 29, 2018Comments Off on Va. Cir.: Ex parte hearing granted, but before different judge

An indigent defendant facing two life sentences for rape and related offenses can argue ex parte why he requires expert assistance, but he must make his case to a circuit judge other than the one presiding over the case. Background ...

June 26, 2018Comments Off on Va. Cir.: Marijuana odor not supported by body cam footage

Officers’ recollection that a strong marijuana odor emanated from a vehicle wasn’t consistent with video of their search: The car doors were closed, the marijuana discovered was raw and enclosed, and the officers never mentioned the odor before the search. ...

June 24, 2018Comments Off on Va. Cir.: Neighboring business was not entity’s registered agent

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

June 17, 2018Comments Off on Va. Cir.: Country club wins second municipal tax challenge

For tax purposes, the City of Fairfax must assess Army Navy Country Club’s land as residential property and omit “improvements” (e.g. clubhouse, pool, tennis courts) that would be demolished in the event of residential development. Background This case challenges tax ...

June 5, 2018Comments Off on Va. Cir.: Post-mortem evidence may be admissible in murder trial

A capital murder defendant moved to exclude evidence of physical damage to the victim occurring after he disposed of her body in a lake. The court declined, in part because such evidence was probative of the manner of disposal. Background ...

June 5, 2018Comments Off on Va. Cir.: Full defendant name may relate back to “Kathy”

An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

Even though the owner of a servient estate had granted it to himself as trustee of a living trust, his subsequent easement – granted and recorded in his individual capacity – operated as a partial revocation of the prior transfer ...